Harishchandra Thakur And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41341 of 2017 Arising Out of PS.Case No. -44 Year- 2016 Thana -MADHUBANI TOWN District- MADHUBANI ======================================================
1. Harishchandra Thakur, Son of Late Mohan Thakur,
2. Manish Thakur @ Manish Kumar Thakur, Son of Harish Chandra Thakur,
3. Maharani Devi, W/o Harishchandra Thakur,
4. Babli Devi, w/o Manish Thakur, all r/o village- Salempur Mankothiya, P.S.-Madhubani Town District- Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 6/ 02-01-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Madhubani Town P.S. Case No.44 of 2016 instituted for the offence under Section(s) 341, 323, 447, 448, 424, 354-B, 379/34 Indian Penal Code.
It has been submitted that petitioner no.1 is own Dewar of the informant. This case has been filed on account of land dispute between the parties.
From the written report, it appears that there is general and omnibus allegation against the petitioners. In the facts and circumstances of the case, prayer of
Patna High Court Cr.Misc. No.41341 of 2017 (6) dt.02-01-2018 2/2 the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Madhubani Town P.S. Case No.44 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) JA/- U T